P. K. MISRA, J.

( 1 ) HEARD Mr. Sarangi for the petitioner and Mr. Rath for opposite parties 1 and 2. The husband has filed this petition against the order of the Judge, Family Court, Cuttack, granting interim maintenance of Rs. 200/- per month to the wife and the minor daughter. The learned counsel for the petitioner has submitted that in an earlier petition for restitution of conjugal right under S. 9 of the Hindu Marriage Act, a decree for restitution of conjugal right has been passed against the wife and without complying with the said decree, the wife has filed one petition under S. 125, Code of Criminal Procedure, claiming maintenance. The learned counsel for the petitioner further submitted that a petition for stay has been filed for staying the proceeding under S. 125, Criminal Procedure Code, till disposal of Title Appeal No. 74 of 1996 which is now pending before the District Judge, Puri.

( 2 ) THE order of interim maintenance is in favour of the wife as well as the minor daughter. There is no dispute that during the pendency of a proceeding under S. 125, Code of Criminal Procedure, a direction for interim maintenance can be passed if the Court is prima facie satisfied t